BOARD DATE: 8 January 2013
DOCKET NUMBER: AR20120011524
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of the Social Security Number (SSN) listed in item 3 (Social Security Number) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he is requesting the SSN on his DD Form 214 be corrected to reflect the correct SSN. He states he needs the DD Form 214 corrected so he can use it for social security benefits.
3. The applicant provides his DD Form 214, SSN card, and honorable discharge certificate in support of his request.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's record shows he enlisted in the Regular Army (RA) on
28 September 1967. The DD Form 4 (Enlistment Record-Armed Forces of the United States) documenting his enlistment does not list an SSN. The Service Number (SN) was the primary identification number used in records at the time.
3. The applicant's DA Form 20 (Enlisted Qualification Record) lists the SSN he now claims is incorrect in item 1 (Name and Service Number). All orders and other documents in the Military Personnel Records Jacket (MPRJ) that list an SSN list the one the applicant now claims is incorrect.
4. On 3 August 1970, the applicant was honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR). The DD Form 214 he was issued lists the SSN he now claims is incorrect in item 3.
5. The record contains USAR discharge orders, dated 15 August 1973, which list the SSN he now claims is incorrect in the standard name line.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time of the applicant's separation stated the
DA Form 20 and documents on file in the MPRJ were the primary source for information for entries on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that his DD Form 214 be corrected to reflect the SSN listed on his SSN card and which he now uses has been carefully considered. However, there is insufficient evidence to support this claim. The applicant's DA Form 20 and all documents that list an SSN in the record all list the SSN he now claims is incorrect.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. Therefore, the SSN listed in the applicant's military records should not be changed at this time.
3. This Record of Proceedings will be filed in his military record to provide clarity and to deal with any confusion that may arise regarding the difference in the SSN under which he performed his military service and was separated vice the SSN he indicates he now uses. Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military record.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x_____ __x______ _x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ x_ _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20120011524
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ABCMR Record of Proceedings (cont) AR20120011524
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